Cook v. Perfection Piano Bench Manufacturing Co.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Plaintiff brought suit against defendant to recover $268.96, claimed to be due him as purchase price for lumber, which he had sold and delivered to the defendant. The defendant did not deny that he had received the lumber, nor that it had not paid for it, but interposed a set-off of $341.20. There was a trial before a judge and a jury and at the close of the evidence a directed verdict in favor of plaintiff for the amount of its claim. Judgment was entered on the verdict and the defendant appeals.

The defendant in its statement…